Marva Ross v. HHS - Influenza, shoulder injury related to vaccine administration, brachial plexus injury, and/or adhesive capsulitis (2014)
Case summary [AI summaries can sometimes make mistakes]
Marva Ross filed a petition on May 21, 2013, alleging that she suffered shoulder injury related to vaccine administration (SIRVA), brachial plexus injury, and/or adhesive capsulitis as a result of receiving an influenza vaccine on October 17, 2011. The respondent filed a Rule 4(c) Report on August 30, 2013, conceding that the petitioner's alleged injury was consistent with SIRVA and that it was caused by the October 17, 2011, flu vaccination.
The parties subsequently filed a proffer on the award of compensation. Special Master Laura D.
Millman, in a decision dated March 18, 2014, found the terms of the proffer to be reasonable and awarded Marva Ross a lump sum payment of $102,701.21, representing all elements of compensation. This award was to be paid via a check made payable to the petitioner.
Later, on September 25, 2014, the parties filed a stipulation of fact regarding attorneys' fees and costs. Special Master Millman issued a decision on that date awarding $19,400.00 for attorneys' fees and costs, payable by check jointly to Marva Ross and Shoemaker, Gentry & Knickelbein, and $388.61 for petitioner's costs, payable by check to Marva Ross.
Clifford J. Shoemaker represented the petitioner, and Lara A.
Englund represented the respondent.
Theory of causation
Petitioner Marva Ross alleged SIRVA, brachial plexus injury, and/or adhesive capsulitis following an October 17, 2011, influenza vaccination. Respondent conceded that the alleged injury was consistent with SIRVA and caused by the vaccination. The parties stipulated to an award of compensation. Special Master Laura D. Millman awarded $102,701.21 as a lump sum for all elements of compensation. Attorneys' fees and costs were subsequently stipulated and awarded: $19,400.00 for fees and costs payable jointly to petitioner and counsel, and $388.61 for petitioner's costs. The theory of causation was based on a concession by the respondent and a stipulation between the parties, consistent with the Vaccine Injury Table for SIRVA. No specific medical experts or detailed clinical information regarding the mechanism of injury were detailed in the public decision. The decision date for damages was March 18, 2014, and for fees and costs was September 25, 2014. Petitioner's counsel was Clifford J. Shoemaker, and respondent's counsel was Lara A. Englund.
Source PDFs
USCOURTS-cofc-1_13-vv-00343